Rosa Malaga Cano v Beatriz Barclay & Ors [2017] EWHC 3562 (QB) (10 November 2017)

Rosa Malaga Cano v Beatriz Barclay & Ors [2017] EWHC 3562 (QB) (10 November 2017)

The application for adjournment was refused because the claimant had ample opportunity to present her grounds of appeal with counsel's advice, and further delay would be unfair and disproportionate to the respondents given the litigation history and costs incurred.

Citation
[2017] EWHC 3562
Parties
Appellant: Rosa Malaga Cano; Respondents: Beatriz Barclay & Ors
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for adjournment refused
Legal Topics
Strike Out, Summary Judgment, Adjournment, Permission to Appeal, Costs
Defamation Civil Procedure Strike Out Summary Judgment Adjournment Permission to Appeal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Rosa Malaga Cano

Appellant

Beatriz Barclay & Ors

Respondents

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Master was wrong to conclude the slanders complained of were not actionable without proof of special damage
  2. 2 Whether the Master wrongly concluded the claimant had no realistic prospect of establishing malice
  3. 3 Whether the claims for breach of contract and personal injury were legally unintelligible and ought to be struck out

Ratio Decidendi

The application for adjournment was refused because the claimant had ample opportunity to present her grounds of appeal with counsel's advice, and further delay would be unfair and disproportionate to the respondents given the litigation history and costs incurred.

Court Disposition

application for adjournment refused